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01-22-79 JANUARY 22, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, January 22, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, John E. Gomery, Jr., and James H. Scheifley, present. 1. The opening prayer was delivered by Dr. Mary Kupferle, Unity of Delray Beach. 2. The Pledge of Allegiance to the flag of the United States df America was given. 3. Mr. Gomery moved for the approval of the minutes of the regular meeting of January 8, 1979 and the special meeting of January 9, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Chapin stated that in this year's budget, Council and the administration approved the funds for the physical fitness pro- gram in the Fire Department. He.asked the City Manager~ if that has been implemented and how it is coming along. The City Manager advised that a report will be submitted. 4.a.2. Mr. Chapin stated that several weeks ago he suggested that Council consider an appropriate tribute in the memory of Jack Saunders. He asked if any action has been taken on that. Council agreed to put it on the next Workshop agenda. 4.a.3. Mr. Chapin spoke in reference to Civil Service and he stated that what may have been good 40 years ago may not be good today. He feels that Civil Service has its place in the public sector but he seriously questions whether in the upper echelons of management that Civil Service is not a concept that has outlived its time. It seems to him that they in Delray want to get the best people to join the City government and to provide the best service possible to the residents and taxpayers. He does not feel that the system presently denies that goal but he feels the City could more easily attain that goal if the special act that has been adopted to the Civil Service 'Act by the legislature could be amended to permit elimination of the department heads or the second in line. If there is any interest in the subject, it might be referred to the City Manager and the Civil Service Board for their comments and thought on the matter. It was agreed to put this item on the agenda for a future Workshop meeting. 4.b.1. Mrs. Durante referred to the Monday Paper's article today on the status of the housing situation in Delray. She stated that some time ago, the City retained Serafin Leal to put together a good comprehensive program that they could use to deal with the housing and community betterment program in Delray. Within the last week or so, they have made a report by consultation as well as a series of memos on what they have done so far. They have done an assessment and a review on the efforts that are presently underway as far as housing and community development is concerned. The Housing Authority has two programs underway right now, housing assistance payment for rents in units that are in standard condition and the completion of the Stewart Arms project. The City's own code enforce- ment and housing maintenance program, which was started this year, is a systematic inspection of all the houses in the target area as it is defined by the Community Development Funding Program. So far the City has done an exterior survey of all of the houses in that target area. They are now doing the interior survey on thos% houses that rated either fair or poor from their exterior survey. There is also the Community Development Housing and the Rehabilitation program and the Demolition program which is ongoing in the City right now and they do give a very clear and concise report on the community development program rehabilitation and demolition. They have strongly suggested at this point a citizen advisory committee be formed to meet with the consultant and some time within the next few weeks that will take place. 4.c.1. Mr. Scheifley stated that on Venetian Drive, just off Atlantic Avenue immediately east of the Waterway Shopping Center, there are 2 or 3 parking places right around the corner. He heard that there was a very serious accident there yesterday with someone walking across the street. When that lot was vacant there was probably good reason for those 2 or 3 parking places to be there but now that there is a lot of traffic both vehicular and pedestrian, it might be advisable to have the Traffic Department consider elimin- ation of those 2 or 3 spaces. Mayor Weekes stated that that is being looked into. 4.d. Mayor weekes requested that Council allow him to amend the order of the agenda to consider Resolution No. 7-79 (item 8.a.) at this time because there are a number of people present to hear this resolution. Mr. Chapin moved that the order of the agenda be amended as requested by Mayor Weekes, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 7-79 commending the Delray Rocks Football Teams for their contributions to the community is before Council for consideration. Council, at the January 8th meeting, directed the City Attorney to prepare the reso- lution. The City Manager presented Resolution Nb. 7-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE DELRAY ROCKS FOOTBALL TEAMS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY. (Copy of Resolution No. 7-79 is on file in the official Resolution Book) Mr. Chapin moved for the adoption of Resolution No. 7-79 honoring the Delray Rocks Football Teams, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes~ Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mayor Weekes stated that Council does not normally read resolutions but he feels that this is worthy of reading. Mayor Weekes read Resolution No. 7-79. At this point the roll was called to the motion. Bill Smith, Athletic Supervisor, came forth and accepted a plaque on behalf of the Delray Rocks Football Team. 5. Huntley Parker, 725-B High Point Blvd. North, stated that he has been a college director of athletics, a high school soccor coach for 12 years and a college coach for 25 years. The City has started a soccor program and soccor has grown tremendously in this country. They are Starting out with 180 youngsters. The problem is fields to practice and. play their games on. He asked that Council consider the possibility of coming up with fields in the near future so that these youngsters will have a place to play. By next year there will be over twice as many players as there are now. Mayor Weekes stated that he is aware of the problem and he has it under advisement. 6.a.1. The City Manager passed out agendas to Council for the SCRWTD Board meeting which is to be held on January 24, 1979. 6.a.2. The City Manager reported that Resolution No. 11-79 is before Council for consideration. The City Attorney stated that the purpose of this reso- lution is to approve the official statement being issued in connec- tion with the bond sale. - 2 - 1/22/79 The City Manager presented"Resolution No. 11-79: A RESOLUTION AUTHORIZING FORM, EXECUTION AND DELIVERY OF OFFICIAL STATEMENT FOR $4,000,000 UTILITIES TAX REVENUE CERTIFICATES, SERIES 1978, OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 11-79 is on file in the official Resolution Book) Mr. Chapin moved for the adoption of Resolution No. 11- 79, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b. The City Manager reported that Council decided at the workshop meeting on January 15th to bring the flag design contest to the regular January 22nd meeting. Each member of Council selected 5 from the entries that were placed in the lobby of City Hall and the entries were made in order of priority. Mr. Mariott-outlined the various selections which were posted in the Council Chambers. Mr. Scheifley stated that if they are going to make a permanent decision, the flag they choose may be the flag of Delray Beach for the next 50 or 100 years. He suggested that they take the top four or five final entries and put them up in City Hall until the next meeting so that they can get more public reaction to those entries. It was the consensus of Council to take the top five entries, post them in the lobby of City Hall and put a ballot box under it so that the public could express their opinions. Council agreed to take up this matter again at the next regular meeting. 6.c. The City Manager reported that this item is on the agenda to permit Council to take action with regard to establishment of policies for municipal operation of the Delray Beach Country Club. He stated that at the time the agenda was made it was not known what items, if any, would be ready for Council consideration tonight. He recommended that Council take action tonight on the establishment of fees. It was decided at Workshop, with regard to membership fees that the membership fee for a couple would be $700, the membership fee for a single member would be $450, the membership fee for members' children under 18 would be $50, the resident green fees for winter would be $9 for 18 holes and $5 for nine holes, the resident green fees for summer would be $6 for 18 holes and $4 for nine holes, the nonresident membership and greens fees would be 50% higher than resident fees and that the definition of resident would be a person who is either a registered voter in the City or own a residential dwelling unit in the City. The City Manager recommended that Council pass a motion instituting the fees and the policies that he has just read into the record. The City Manager further stated that cart fees be established for winter fees $10 for 18 holes and $6 for nine holes, summer cart fees be $6 for 18 holes and $4 for nine holes, that only City-owned carts be allowed on the Delray Beach Country Club Ground and that the driving range fees be 50¢ per basket. Mr. Scheifley moved that all of the fees and policies as outlined bY the City Manager which Council agreed on Wednesday night be approved and put into effect, seconded by Mrs. Durante. Before roll call the following discussion was had: Edward Ende, 782-D High Point Drive East, stated that he comes from an area that supported the purchase of this golf course very strongly. They all thought they would get a chance to play golf at a reasonable rate. They feel that the rates Council is talking about are unreasonable. He is surprised that they have made no provisions for senior citizens. It is no good to the residents in Delray at High Point for those prices. - 3 - 1/22/79 Ron Sanson, 415 Bluebird Drive, stated that he was unable to attend the workshop meeting when this matter was discussed and he is very .curious to know what the figures are in terms of revenues and estimated expenditures. The City Manager reported that Council has considered that the fee structure that has just been outlined would adequately support the expenses of operation and that it would be a break-even operation according to their estimates and the budget is estimated to be somewhere in the order of $500,000 a year including everything. Mr. Sanson stated that Council is proposing a membership of 600 people and questioned if there are any plans as to how that 600 will be established and what happens if there are 700 that want to become members. Mr. Scheifley advised that these fees' are set on the basis that the course will be self-supporting. The only alternative they would have is to raise prOperty taxes which they do not want to do and which would be illegal. He further stated that many people have told him that they thought the fees were too low rather than too high. Mr. Scheifley suggested that after the City gets the club that they have a period of 60-90 days and not take any non-residents during that period, advertise this widely to every registered voter in Delray Beach and give every resident a chance to join who wants to join. Hugh Delfs, 277-D High Point Court West, stated that he has been a resident here for eight years. He has heard a lot of.in- consistencies going on here tonight and feels that Council should take another look at this and figure out the revenues. He feels ~Council should equate the whole thing and give the public the facts so that they can understand what's going on. Willard Young, Chairman of the Financial Advisory Board for the City of 'Delray Beach, stated that he made the survey and the study on the possible acquisition of the golf course. He read the resume that was given to him by the City Manager and went over it very carefully. He wrote all his answers and opinions down and gave those to Mr. Fonseca who said that he would present them at the workshop meeting. He never said that he thought the membership should go for $700 a year; he thought that $600 would be the absolute limit that should be charged to the residents of Delray Beach. He is not concerned about what is charged to non-residents. The people of Delray Beach should receive better treatment than what they have apparently been given in this consideration. In response to a ques- tion from Mayor Weekes, Mr. Young stated that he felt this venture would break even on a $600 family membership, if it were properly run. He also stated that he felt the golf course could handle more than 600 members. He recommended a fee of $400 for a single member- ship. Mr. Young recommended that two types of memberships be sold; one for people that want to play on Monday, Wednesday and Friday and another for people ' that want to play on Tuesday, Thursday and Saturday and leave Sunday as sort of a grab-bag day for anybody that can get a starting time. This would enable you to increase the number of members, get better play on the course, get more revenue from the course and a much better chance of meeting the expenses that are going to be necessary to maintain the course. Mrs. Durante stated that at their Workshop meeting last Thursday, they spent a great deal of time on this subject and there was a room full of people that were golfers. Throughout the Workshop Council kept asking the golfers if the fees seemed reasonable and fair. Quite a few of them felt that the fees were too low. This is a decisision that needs to be made because the City is eight days away from taking ownership of the course. Tom Nevins, President of the High Point Golf League, 455-A High Point Boulevard, agreed with Mrs. Durante about clarifica- tion of newspaper reports on this subject. The rates that Council - 4 - 1/22/79 '25! has been discussing seem reasonable W~en compared to other clubs in this area such as Indian Springs and Hamlet. But those others are private clubs that cost $1100 and there is no comparison to be made between a municipal course and a private club in this area. He feels that if any comparison is to be made they should consider the municipal courses in South Florida. He also feels that some further consideration should be made in regard to the cost involved. Tom O. Flynn, 533 High Point Drive, asked Mr. Scheifley if he knows of any other city-owned course in which a resident of that city cannot join the course. Mr. Scheifley replied that they have already addressed this question to the City's legal counsel as to whether a number of members could be set after the fees have been set. Our legal counsel has said that the City can set a limit. Mr. Scheifley stated that he believes in putting everything possible on a self-sufficient basis. They know that it can be self-supporting because there are a number of golfers that are willihg to pay. Mr. Chapin stated that the Financial Advisory Board and this Council for the past year and a half have approached the golf course on a very business-like basis. The first year's expenses are estimated to be $500,000. The sources of revenue are the dues, the cart fees, the green fees and the driving range. Council approved a $4,000,000 bond issue last May, $1,000,000 of which will go to pur- chase the course, another $500,000 - $700,000 has been allocated for improvements. Based upon the cost of operation it is estimated that the dues structure outlined of setting the membership limit at 600 and giving first priority to residents will bring in an estimated revenue of approximately $350,000. It is estimated that cart fees will produce a revenue of $120,000 and greens fees $20,000. If you add up those figures, you come to an approximate break-even point. That is why this Council at elaborate hearings last week adopted a relatively high figure. Golf is a luxury which not everyone can afford. Dr. Birch of High Point stated that Mr. Chapin has given an excellent presentation and answered a lot of his questions. He assumes that Council can justify the $500,000 budget. Villa Del Rey. operates on half that budget and it is a private course. He does not think the City will find 600 members at the present prices. Mr. Young stated that two members of the Financial Advisory Board, Bill Nix and Tom Smith, are CPA's. They have worked out these figures very carefully. He, personally, has spent over 700 hours on this project and he has gone to at least 23 different courses and gotten their rates and scorecards. He has put the entire thing together and wrote the proposition for Council. He still feels that $700 is out of order for this golf course. If they do begin to take memberships within 60-90 days, they will have front money to operate with, they will be able to know where they are going and a lot of the people who will have these memberships will not be here in the summer and, therefore, there will be additional revenue because there will be play time on that course. Hugh Delfs stated that it is going to take about a year to get the course into a condition where anyone wants to play on it. He feels that Council should give some consideration to a reduced rate to start with for the first year. Mayor Weekes stated that he thought some consideration should be given to some kind of a senior citizen's membership. He is also willing to change his recommendation from a $700 a year family membership to $600, from $450 a year single membership to $400 and to up the total number of members from 600 to 700. In response to a question from Mr. Scheifley regarding the number of members, Mr. Fonseca stated that you have a fixed figure of 18 holes and 8 hours; that figure will never change. You could have a hundred members and everybody could walk up at their leisure and play or you could have anywhere up to 1000 members and everybody would have to be more patient and wait in line. The more members 'you have the more they have to share the golf course. - 5 - 1/22/79 252 Naturally 600 members would be easier to manage than 700 members. In response to Mayor Weekes, Mr. Fonseca stated that the course could handle about 300 players a day. Mrs. Durante withdrew her second on the motion that was made previously by Mr. Scheifley. Mr. Chapin seconded the motion that was made by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - No; Mr. Gomery - No; Mr. Scheifley - Yes; Mayor Weekes - No. The motion failed by a 3 to 2 vote. Mr. Gomery moved for $600 for family membership and $450 for single membership and the other fees and policies to be the same as outlined by the City Manager, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. A recess was taken at 8:45 P.M. The meeting reconvened at 8:50 P.M. 6.d. The City Manager reported that Council decided informally at the January 15th workshop meeting to authorize sending copies of the City's Comprehensive Plan to the State, Region, County and other applicable agencies for their review and comment. Mr. Chapin moved that the City's Comprehensive Plan approved by the Planning & Zoning Board on October 26 be referred to the County, the Region and the State Planning Organizations for their review, seconded by Mrs. Durante. Said motion passed unanimously. .7.a. The City Attorney reported that Mr. Kovar has requested a continuance on this matter because his attorney is unable to be here tonight. He suggested that this be reset for February 12th, the next regular Council meeting. Mr. Scheifley moved that this matter be continued at the regular Council meeting of February 12, 1979, seconded by Mr. Gomery. Said motion passed unanimously. 7.b. The City Manager reported that a communication has been received from Milton Myers Unit #65 American Legion Auxiliary requesting permission to solicit funds from March 2nd through March 3, 1979, approval of which is recommended by the Solicitations Committee. Mr. Chapin moved for approval, seconded by Mr. Gomery. Said motion passed unanimously. 7.c. The City Manager reported that a communication has been received from the American Cancer Society requesting permission to solicit funds from March 19th through March 31, 1979, approval of which is recommended.by the Solicitations Committee. Mr. Chapin moved for approval, seconded by Mr. Gomery. Said motion passed unanimously. 7.d. The City Manager reported that a communication has been received from Veterans of Foreign Wars requesting permission to solicit funds from April 2nd through April 7, 1979, approval of which is recommended by the Solicitations Committee. Mr. Gomery moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 8.b. The City Manager reported that Resolution No. 8-79 rela- ~ to abandonment of an alley north of Atlantic Avenue between N.W. 7th Avenue and N.W. 8th Avenue is before Council for consideration. Council, at the January 8th meeting, directed the City Attorney to prepare the resolution. - 6 - 1/22/79 The City Manager presented~Resolution No. 8-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE WEST 101 FEET OF THE EAST-WEST ALLEY LOCATED IN THE SOUTH HALF OF BLOCK 4, CITY OF DELRAY BEACH (FORMER- LY TOWN OF LINTON) RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID ABANDONMENT BEING SUBJECT TO RELOCATING THE MANHOLE CURRENTLY EXISTING IN THE ALLEY TO THE SPECIFICATIONS AND SATISFACTION OF THE CITY ENGI- NEER. (Copy of Resolution No. 8-79 is on file in the official Resolution Book) Mr. Chapin moved for the adoption of Resolution No. 8-79, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Resolution No. 9-79 opposing the widening of A1A is before Council for consideration. This was discussed at the January 15th workshop meeting. The City Manager presented Resolution No. 9-79: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSED WIDENING OF STATE ROAD A1A WITHIN THE MUNICIPAL LIMITS OF DELRAY BEACH, FLORIDA, AND AUTHORIZING THE VICE MAYOR TO TRANSMIT A COPY OF THIS RESOLUTION TO THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY. (Copy of Resolution No. 9-79 is on file in the official Resolution Book) Mr. Gomery moved for the adoption of Resolution No. 9-79, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Council, at the November 13, 1978 meeting, awarded a contract to Sinclair Landscaping Nursery, the low bidder for furnishing and installing landscaping for Pompey Park Recreation Center by passage of Resolution No. 93-78. Sinclair Landscaping Nursery has informed the City that they will be unable to carry out the landscaping installation of Pompey Park Recreation Center as previously proposed. The second lowest bidder, Griffin Brothers Company, Inc. did not include sod in their original bid. Quotations are as follows: Bidder Quotation Sinclair Landscape Nursery, Inc. $15,578.97 Delray Beach Griffin Brothers Co., Inc. 13,787.50 (Bid is Davie less the $10,800 for the necessary sod) Cartwright's Landscaping 20,870.60 Delray Beach It is recommended that the contract be awarded to the present low bidder, Cartwright's Landscaping in the amount of $20,870.60 by passage of Resolution No. 10-79 and repeal Resolution No. 93-78. - 7 - 1/22/79 The City Manager presented Resolution No. 10-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 93-78 WHICH AWARDED A CONTRACT FOR FURNISHING AND INSTALLING LANDSCAPING FOR POMPEY PARK RECREATION CENTER TO SINCLAIR LANDSCAPE NURSERY, INC., AND AWARD A NEW CONTRACT FOR THE FURNISHING AND INSTALLING LANDSCAPING FOR POMPEY PARK RECREATION CENTER. (Copy of Resolution No. 10-79 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 10-79 repealing Resolution No. 93-78, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 1-79 rela- tive to rezoning and placing land zoned R-iA (Single Family Dwelling) District in R-1AA (Single Family Dwelling) District in Section 12-46-42 on the east side of Barwick Road between Lake Ida Road and the L-30 Canal is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 8th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN R-1AA (SINGLE FAMILY DWELLING) DISTRICT, PARCELS OF LAND IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED ON THE EAST SIDE OF BARWICK ROAD BETWEEN LAKE IDA ROAD AND THE L-30 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 1-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 1-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 2-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 18, Article III, "Charitable Solicitations", Section 18-35 of the Code of Ordinances to modify the requirement for newspaper advertising; and amending Section 18-41 to increase the percentage of money collected which is required to be spent for purpose of the drive. This ordinance was passed on First Reading at the January 8th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading a public hear- ing has been scheculed to be held at this time. The City Manager presented Ordinance No. 2-79: - 8 - 1/22/79 2 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE III, "CHARITABLE SOLICITATIONS", SECTION 18-35 TO MODIFY THE REQUIREMENT FOR NE~;SPAPER ADVERTISING; AMENDING SECTION 18-41 TO INCREASE THE PERCENTAGE OF MONEY COLLECTED WHICH IS REQUIRED TO BE SPENT FOR PURPOSES OF THE DRIVE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Chart%r of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the passage of Ordinance 2-79 on Second and FINAL Reading, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.g. The City Manager reported that it has been recommended that this item be skipped over at the request of the City Attorney's office and the Building Inspection Department. They feel that further clarification should be made with regard to this ordinance. Mr. Chapin moved that item 8.g. be tabled, seconded by Mr. Scheifley. Said motion passed unanimously. 8.h. The City Manager reported that Ordinance No. 5-79 amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to establishing a limited geographical area within which professional offices may be located as a conditional use is before Council for consideration on First Reading. Council, at the January 8th meeting, directed the City Attorney to prepare the ordinance effecting the recommendation of the Planning & Zoning Board. The City Manager presented Ordinance No. 5-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-7(C)(11) RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT AND BY THE ADDITION TO SECTION 29-7 A SUBSECTION Q - SPECIAL USES, ESTABLISHING A LIMITED GEOGRAPHICAL AREA WITHIN WHICH PROFESSIONAL OFFICES MAY BE LOCATED AS A CON- DITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Gomery moved for the passage of Ordinance No. 5-79 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 6-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances to prohibit pro- fessional offices as a conditional use in the RM-15 (Multiple Family Dwelling) District is before Council for consideration on First Reading. Council, at the January 8th meeting, directed the City Attorney to prepare the ordinance effecting the recommendation of the Planning & Zoning Board. - 9 - 1/22/79 The City Manager presented Ordinance No. 6-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-8(C)(12) TO PROHIBIT PROFESSIONAL OFFICES AS A CONDITIONAL USE IN THE RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A~SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 6-79 on First Reading, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 7-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to chang- ing the minimum site area requirement from 20 acres to five acres is before Council for consideration on First Reading. Council, at the January 8th meeting, directed the City Attorney to prepare the ordi- nance effecting the recommendation of the Planning & Zoning Board. The City Manager presented Ordinance No. 7-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-8.1(D)(1) PRD-4, SECTION 29-8.2(D)(1) PRD-7 AND SECTION 29-8.3 (D)(1) PRD-10 (PLANNED RESIDENTIAL DISTRICTS) RELATIVE TO CHANGING THE MINIMUM SITE AREA REQUIREMENT FROM TWENTY (20) ACRES TO FIVE (5) ACRES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Gomery moved for the approval of Ordinance No. 7-79 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante -.Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Chapin left the Council Chambers to avoid any con- flict of interest during the discussion of item 9.a. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unani- mous vote that the conditional use approval request for a professional office building for Dr. Degerome, located at the north- west corner of N.E. 4th Street and N.E. 2nd Avenue, be approved subject to the following: 1) Comments of the City Engineer as stated in his memo-' randum of December 15, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his November 21, 1978 memorandum. 3) Availability of water. 4) A time limitation of 12 months be set for development of the project. Mrs. Durante moved that Council sustain'the recommenda- tion of the Planning & Zoning Board subject to the comments listed in the preface to the agenda, seconded by Mr. Scheifley. (motion later withdrawn). - 10 - 1/22/79 Dr. Degerome stated that this has to do with a right-of- way granted as a dedication which allows the City of Delray Beach to take 1500 square feet of the south border of both of his lots without having to pay any compensation for taking the property. He appealed to Council to not allow this to pass. He feels that he is entitled to some compensation for the loss of his land, whether it be through donating the land to the City of Delray Beach or for getting the appraised value of the property from the City. He is aware that another professional man opened an office on 4th Street not more than 1% years ago and he was not required to give up 1500 square feet right-of-way at that time. He feels that what the City is proposing to do is unconstitutional. The City Attorney advised that there was one other development that this requirement had been imposed upon previously. This was the Sherwood Park Shopping Plaza on Congress Avenue and 10th Street. The City Engineering Department has begun making recommenda- tions in conjunction with development pools that implement portions of the City's Comprehensive Plan. This particular street has been shown as a four lane collector street on the plan since 1971 and it is in conjunction with that that the Engineering Department has started to make these recommendations. The Planning & ~Zoning Board has approved the recommendation and approved the development permit subject to this condition. The City Attorney cited certain similar cases both in and out of the state of Florida and stated that the first condition in relationship to a conditional use approval is whether or not there is adequate ingress and egress to the property and proposed structures with particular reference to automotive and pedestrian safety, con- venience, traffic flow and control and access in the case of fire or catastrophe. The City's ordinance could be more explicit in terms of specifically requiring dedications of the various components of the Comprehensive Plan in the .event that a piece of property was included within one of those elements but there is some authority in the ordinance for attaching the condition in this area. Mr. Scheifley questioned how the four laning of Lake Ida Road will affect this particular location between the Post Office and this lot? Frank Carey, Chairman of the Planning & Zoning Board, stated that the collector road is designated from N.E. 6th Avenue west all the way. The collector road is an 80 foot right-of-way. In the City ordinances under Streets and Roads, Chapter 23-6 of the code mandates the width of various roads and the collector road is an 80 foot right-of-way. The problem has been that the City has been remiss in not getting these properties as they've been developed. There are two developments to the west of Dr. Degerome's location and they have negotiated with those owners and in each case they have given the City the necessary right-of-way. Mayor Weekes stated that if there is some overriding reason why the City has to do this, there must be some way that they can give Dr. Degerome at least the benefit of a tax break or some- thing in order to mitigate what is being done to him. The City 'Attorney stated that he would be willing to work with Dr. Degerome, or his tax accountant, to try to structure the taking in such a way that Dr. Degerome could get a tax deduction out of it. Mr. Scheifley moved that this item be tabled until the City Attorney advises to put it back on the agenda, seconded by Mrs. Durante. Said motion passed with a 4 to 0 vote. Mayor Weekes stated that he wants it understood that Ordinance No. 5-79 must not come up for Second and FINAL Reading until after Council has acted on Dr. Degerome's petition. Mr. Chapin returned to the meeting. - 11 - 1/22/79 ,? 50 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by unanimous vote that the conditional use approval request for Bible Church of God of Delray Beach, located at the southeast corner of Lake Ida Road and Depot Avenue be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of November 30, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 9, 1978. 3) Comments of the Community Appearance Board as stated in their December 27, 1978 minutes. 4) Availability of water. 5) A time limitation of one (1) year be set for develop- ment of the project. Mrs. Durante moved that this item be tabled and sent to a workshop meeting, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mrs. Durante stated that she has had some response from the people in the community that they would like to have a chance to research this further and, perhaps, talk with Mr. Andrews on this item and voice some of their objections. Mr. Andrews stated that these people have had the privilege and the time to come in and talk to him and to the Council. He is willing to give the City fifteen feet of his property. If the ~people wanted to be here to protest this item, then why weren't they here at the time they were notified. It's costing him money to have these people notified. He doesn't think he is going to have a chance to build another church but he is going to try to build this one if the Council will'allow him. At this point the roll was called to the motion. 9.c. The City Manager reported that an application has been received from Alvin and Elaine Doherty to annex a 16,000 square foot parcel of land, subject to R-1AA (Single Family Dwelling) District. The present and proposed use of the property is for a single family residence. Since this request for R-1AA zoning conforms with the existing City and County.zoning for this area, approval of the annex- ation is recommended. It is recommended that the City Attorney be directed to prepare the ordinance effecting the annexation. Mr. Chapin moved that Council approve this annexation and t~at the City Attorney be instructed to prepare the ordinance, seconded by Mr. Gomery. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by unanimous vote that the final plat approval for Northwoode I Subdivision (Hamlet-Phase XIII), located on the south side of Atlantic Avenue, between Hamlet Drive and Forest Road be approved, subject to the following: 1) Comments of the Director of Public Works/Utilities as stated in his January 2nd memorandum. 2) That there will be a curb cut through the existing median strip of Hamlet Drive in order to provide access to these lots. 3) Availability of water. - 12 - 1/22/79 Mr. Scheifley moved that Council approve the final plat approval for Northwoode I Subdivision (Hamlet-Phase XIII), seconded by Mr. Chapin. Said motion passed unanimously. Mayor Weekes left the Chambers for the duration of items 9.e. and 9.f. to avoid any conflict of interest. 9.e.& 9.f. The City Manager recommended that items 9.e. and 9.f. be skipped over tonight because they have not been workshopped yet. It was the consensus of Council to skip over these two items. Mayor Weekes returned to the Chambers at this time. Mrs. Durante left the meeting, the time being 9:45 P.M. 9.g. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, considered ~ezoning a parcel of land from RM-15 (Multiple Family Dwelling) District to RM-10 (Multiple Family Dwelling) District. This land is located in Section 28-46-43 on the north side of Avenue "J", between Florida Boulevard and Spanish Trail. After discussion, a motion passed by a vote of 6-0 (Wallin abstaining) that the subject property be rezoned for the following reasons: 1) The change will help alter the population density pattern, thereby decreasing the load on public facilities. 2) The change will not adversely influence living conditions in the neighborhood. 3) The change will help to decrease traffic in the area. 4) The change will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. If Council sustains the recommendations of the Planning & Zoning Board, they should direct the City Attorney to prepare the ordinance and the City Clerk to comply with Chapter 166.041 of the Florida Statutes to notify the affected property owners. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board relative to the rezoning request under item 9.g., seconded by Mr. Scheifley. Said motion passed unani- mously. 10. Mayor Weekes stated that he met this morning with Tom Lewis on the matter of annexation and he is trying to get some general legislation prepared for the next session. Jim Watt is already working on it. Mr. Lewis serves on the Community Affairs Subcommittee under which this falls and they understand our problem. They feel that the time is right. Mayor Weekes declared the meeting adjourned at 9:50 P.M. City Clerk ATTEST: MAYOR - 13 - 1/22/79 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of which.~minutes were formally approved and adopted by the City Council on .~~. /.~. / ~ ~ ity Clerk NOTE TO READER: If the minutes that you have received are not com- pleted as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions ko the minutes as set forth above. - 14 - 1/22/79